STATE Vs. LOGU AYYAPPAN PRESIDENT

JUDGEMENT

(1.) HEARD the learned counsel for the parties. This appeal has been filed by the Government of Puducherry, represented by the Inspector of Police, Ariankuppam Circle, Puducherry, impugning an order dated 27.2.2008 passed by a learned Judge of this Court on a petition filed by the respondent. In the said petition, the respondent challenged an order dated 27.11.2007 passed by the appellant refusing his prayer to hold a public meeting.

(2.) IT is, no doubt, true that the right to hold a public meeting is a Fundamental Right guaranteed under Article 19(1)(b) of the Constitution of India, viz. all citizens shall have the right to assemble peaceably and without arms. In Himat Lal vs. Police Commissioner, Ahmedabad, A.I.R. 1973 S.C. 87, a Constitution Bench of the Supreme Court dealt with the question of a citizen's right to hold a meeting on a public street subject to the control of the appropriate authority and in paragraph 31 at page 95 of the said judgment, Chief Justice Sikri (as his lordship then was), speaking for the majority, held that even before the Constitution, citizens had a right to hold meeting on the public street subject to the control of the appropriate authority regarding the place and the kind of the meeting and subject to consideration of public order. After the Constitution, the said Fundamental Right to hold a meeting under Article 19(1)(b) has been made subject to reasonable restrictions which are imposed under Article 19(3). Those reasonable restrictions can be imposed on the ground of sovereignty and integrity of India and also public order, on the basis of any valid law.